Company asking to take ownership on my review?

[david7998]

This company wants to quote my review for marketing purposes and therefore take full ownership on my quote. Is this possible even if I live in Italy and the company is based in the U.S.? Also, do they have to pay money or do they need only my permission?

 

[quincy]

This company wants to quote my review for marketing purposes and therefore take full ownership on my quote. Is this possible even if I live in Italy and the company is based in the U.S.? Also, do they have to pay money or do they need only my permission?

A company in the US contacted you and the company has told you they want to quote your copyrighted review (or a portion of it) for marketing purposes?

That seems flattering. If you don't object to having your words (and I assume your name) connected with whatever it is the company is marketing, you can grant the company rights to use the review.

You do NOT have to transfer all rights to the company in order to grant the company rights, however. You can give permission to the company through a license and the license can be fashioned to your wants and/or the company's needs. You can grant whatever rights in your review that you don't mind giving up.

For example, you can have the license grant the company rights to use a quote from your review for one product only and for a specific amount of time only, in exchange for X amount of dollars. You can place whatever limits on the use of your words that you and the company agree to. You do not have to require payment but if the company wants to use your words for marketing, it probably won't mind paying something for the use.

I would consult with an attorney in Italy to assist you in dealing with the company and drafting a license that provides what it needs to while protecting whatever rights you want to protect.

Good luck.

 

[david7998]

A company in the US contacted you and the company has told you they want to quote your copyrighted review (or a portion of it) for marketing purposes?

No it's not copyrighted, it's a simple review for an app. Do you think it's worth the effort?

 

[quincy]

No it's not copyrighted, it's a simple review for an app. Do you think it's worth the effort?

Your simple review, if it has any length and has any creativity or originality at all, is copyrighted automatically. I assumed you knew that because you posted your question in the Copyright Section of the forum.

I don't know whether it is worth your effort or not to license the review to the company. If the company intends to use your words and your name for advertising purposes with your permission, however, I don't think it is a dumb idea to put restrictions on this permission through, if not a copyright license then through some sort of written contract.

I suggest you discuss this with an attorney in Italy who can best advise you after reading your review and reading the company's proposal.

Good luck with whatever it is you decide to do, david7998.

 

[adjusterjack]

No it's not copyrighted, it's a simple review for an app. Do you think it's worth the effort?

A lot depends on where and how you posted your review.

I suggest you go wherever you did it and read the terms of service and see what you agreed to by posting your review there.

For example, when I post a review on Yelp I am subject to the following terms:

"B.Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Yelp and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content."

That looks like anybody in the world can use my review without paying me a nickel for it.

You are free to ask for money for the use of your review and see how it goes. No way to predict the results.

 

[quincy]

A lot depends on where and how you posted your review.

I suggest you go wherever you did it and read the terms of service and see what you agreed to by posting your review there.

For example, when I post a review on Yelp I am subject to the following terms:

"B.Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Yelp and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content."

That looks like anybody in the world can use my review without paying me a nickel for it.

You are free to ask for money for the use of your review and see how it goes. No way to predict the results.

The US company would no doubt understand the terms and conditions of review sites like Yelp. It is not true that "anybody in the world can use" what is published to Yelp.

Yelp holds all rights to the contents posted on their site. Yelp is able to use what is published on their site because, by posting to Yelp, you are granting them all rights to what you post. Anyone else who wants to use Yelp's content must license the rights from Yelp.

But, Yelp is not claiming ALL rights to what you publish on their site. You retain rights, as well. You are just granting them equal rights to do with what you publish as they wish.

The company, in asking for david's permission, no doubt understands that, in the US, you cannot appropriate another's name (or likeness, etc) for commercial purposes without that person's written consent. Most countries in the world have the same or similar "right to publicity/right to personality" laws.